Articles and Blogs

The Plaintiff, an information technology support specialist employed through a staffing agency, was employed on-site at an Assembly Plant. In April 2016, the Plaintiff complained to his staffing agency supervisor that he believed there was an issue with asbestos insulation in one of the work areas at the Assembly Plant. The Plaintiff e-mailed photographs... READ MORE

Abortion is no longer a federal constitutional right. As a result of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health, states may regulate abortion in a manner consistent with their own state constitutions and judicial precedent. The Dobbs decision overruled the Court’s own 1973 decision in Roe v. Wade, which... READ MORE

We know the major personnel issues challenging our friends in the health care industry: labor shortages; competitive wages; and rising costs. But what employment and labor legal issues do (or may) health care organizations face in coming months? Accommodation Requests as Remote Work Demands Continue. Throughout the last two-plus years, telework became the new... READ MORE

A recent decision from the 8th Circuit U.S. Court of Appeals granted employers some modest flexibility in conducting and relying on background checks for potential new hires covered by the Fair Credit Reporting Act (“FCRA”). The court made two key rulings: Employers have no obligation under the FCRA to provide job applicants with the... READ MORE

On May 23, 2022, the U.S. Supreme Court issued a decision that significantly impacts a litigant’s right to compel arbitration and the circumstances that may result in a decision that a litigant has waived its right to compel arbitration. The Case In Morgan v. Sundance, Inc., an hourly employee at a fast food franchise... READ MORE

The Colorado legislature recently passed HB 22-1317, which dramatically revises Colorado’s statute governing covenants not to compete, C.R.S. § 8-2-113. The bill is expected to be signed by Governor Polis in the near future and take effect on August 10, 2022. Roughly half of the text in the noncompete law will be new, and... READ MORE

Effective May 4, 2022, certain foreign nationals who timely filed to renew their Employment Authorization Document (“EAD”) will receive an automatic extension of the period of employment authorization up to 540 days beyond the original expiration date. This is an effort by U.S. Citizenship and Immigration Services (“USCIS”) to temporarily alleviate the current situation... READ MORE

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent.... READ MORE

On Thursday, February 10, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 passed the Senate after previously passing in the House. The bill, which President Joe Biden will reportedly sign, would amend the Federal Arbitration Act and effectively transform how parties resolve allegations of sexual harassment and assault.... READ MORE

The Plaintiff, a board-certified obstetrician and gynecologist, was initially granted clinical privileges at a North Carolina Hospital (the “Hospital”) in 2010. Privileges were granted according to the Medical Staff Bylaws. Notably, in this jurisdiction, the Bylaws “formed a contract” between Plaintiff and the Hospital. In May 2017, Plaintiff was informed that she would not... READ MORE